What does insane automatism mean?

What does insane automatism mean?

“Insane automatism” refers to involuntary action that results from a disease of the mind. Insane automatism triggers a section 16 verdict of not criminally responsible on account of mental disorder.

What is the difference between sane and insane automatism?

‘Sane’ automatism occurs when a person reacts to external factors such as alcohol, concussion or a spasm. ‘Insane’ automatism occurs when a person reacts to the delusions of their own unsound mind.

What are examples of automatisms?

The most common automatisms, at least in temporal lobe epilepsy, are oral (eg, lip smacking, chewing, swallowing) and manual (eg, picking, fumbling, patting ).

What is an example of non insane automatism?

Examples of such acts are those carried out while in a state of concussion or hypnotic trance, a spasm or reflex action, and acts carried out by a diabetic who suffers a hypoglycaemic episode.

Who defined automatism?

Automatism as a term is borrowed from physiology, where it describes bodily movements that are not consciously controlled like breathing or sleepwalking. Psychoanalyst Sigmund Freud used free association and automatic drawing or writing to explore the unconscious mind of his patients.

How is insanity defined?

insanity. n. mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior. Insanity is distinguished from low intelligence or mental deficiency due to age or injury.

What are the two types of automatism?

There are two types of automatism. There is mental disorder automatism and there is non-mental disorder automatism. The finding of the former leads to an Not Criminally Responsible finding. The latter leads to an acquittal.

Is sleepwalking an automatism?

R v Parks (1992) established that sleepwalking can be classified as automatism resulting in the verdict of not guilty.

What causes automatism?

Insane automatism is due to an internal factor, that is, a disease of the brain, while sane automatism is due to an external factor, such as a blow on the head or an injection of a drug.

Who has the burden of proof in automatism?

the prosecution
If it is sane automatism, the prosecution bears the legal burden of proving all the elements in the offence necessary to establish guilt and it has to do so to ‘the criminal standard’ of proof, which means ‘beyond reasonable doubt’ ( Woolmington v DPP [1942]).

What is the difference between the defence of insane automatism and non insane automatism?

Non-insane automatism arises where involuntary action does not stem from a disease of the mind and entitles the accused to an acquittal. Insane automatism, on the other hand, arises only where involuntary action is found, at law, to result from a disease of the mind and is subsumed by the defence of mental disorder.

Is sleepwalking insane or non insane automatism?

Sleep‑walking appears to fall into a separate category. Unconscious behaviour in a state of somnambulism is non‑insane automatism . . . .

What is non-insane automatism?

The best and most understandable definition of non-insane automatism is contained in a case of Lord Denning who defined it as «an act, which is done by the muscles without any control by the mind or an act done by a person, who is not conscious of what he is doing.

What is the legal definition of automatism?

The legal meaning of the defence of automatism has evolved to mean that the defendant’s conduct was involuntary. The law regarding automatism has now come to distinguish between “non-insane” and “insane” automatism, or automatism and insanity, respectively.

What is the defence of automatism?

The legal meaning of the defence of automatism has evolved to mean that the defendant’s conduct was involuntary. In the case of Bratty [ 1] , Lord Denning regarded an act as involuntary when it is done “by the muscles without any control of the mind” or “by a person who is not conscious of what he is doing.”

What is the difference between a singular event and an automatism?

Sane automatisms are considered to be singular events due to exogenous causes such as confusional states, hypoglycaemia, concussion or night terrors. Insane automatisms are viewed as events due to a disease of the mind which are likely to recur and which therefore require control of that individual to ensure public safety.